What are my Rights as a Crime Victim?
The Oregon Constitution and the Oregon Revised Statutes (ORS) afford specific rights to victims of crimes.
Who is a “Victim”?
“Victim” has a legal definition in Oregon. “Victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime. In cases of homicide, victim includes a member of the immediate family of the decedent. In the case of a minor victim, victim includes the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. ORS 131.007.
Foundational Rights
A crime victim has a right to justice, a right to a meaningful role in the criminal and juvenile justice systems, a right to due dignity and respect, and a right to fair and impartial treatment. A crime victim’s rights shall be protected at each stage of the criminal justice system. Or Const Art 1 § 42(1). ORS 147.410.
Notice of Rights
A crime victim shall be given notice of a victim’s constitutional rights as soon as possible. Or Const Art 1 § 42(1)(g). ORS 147.417 and 419C.270.
Protection
A crime victim has the right to be reasonably protected from the criminal defendant throughout the criminal justice process. Or Const Art 1 §43(1)(a).
A crime victim has the right to have decisions by the court regarding the pretrial release of a criminal defendant based, in part, on the principle of reasonable protection of the victim. Or Const Art 1 § 43.
Any pretrial release order must prohibit any contact with the victim, unless specifically authorized by the court. If the defendant threatens or intimidates the victim, the district attorney shall notify the court and the defense attorney. If the defendant is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the defendant, the court shall immediately issue an order to show cause why defendant’s release should not be revoked. ORS 135.250. ORS 135.970.
If contacted by the defense, a victim must be clearly informed by the defendant’s attorney of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the defendant’s attorney or provide other discovery unless the victim wishes, and that the victim may have a district attorney present during any interview. Or Const Art 1 § 42. ORS 135.970.
A crime victim has the right to have an address and phone number withheld from the defendant upon request unless good cause is otherwise shown. ORS 135.970(1) 419C.270. A victim of domestic violence, sexual assault, or stalking may have a substitute address designated when disclosure of the address may threaten the safety of the victim or the victim’s child. ORS 192.820-192.868.
When a criminal act involves the transmission of bodily fluids, a crime victim may request HIV testing of the person charged or convicted of the offense, which, under certain circumstances, the court must order. If any such HIV test is positive, a victim shall be provided with counseling and referral for appropriate health care, testing, and support services. The costs of this testing and counseling shall be paid through the crime victim’s compensation program. ORS 135.139.
Stay Informed
A crime victim has, upon specific request, the right to be informed in advance of any critical stage of the criminal proceedings. A crime victim has the right to be present at any such stage of the proceedings. Or Const Art 1 § 42(1)(a).
A crime victim has the right to be notified by the DA’s Office of the release hearing upon timely request. A crime victim has the right to appear at the release hearing and to express any views relevant to the issue of release. Or Const Art 1 § 42. ORS 135.245(5)(B).
If a victim of a violent felony makes a timely request, the district attorney shall consult the victim regarding plea discussions before making a final plea agreement. If a victim asks to be consulted, the judge shall ask the district attorney if the victim agrees or disagrees with the plea discussions and agreement and the victim’s reasons for agreement or disagreement. Or Const Art 1 § 42. ORS 135.406.
When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration by asking the district attorney if the victim has been informed of the prospective date and if that date is convenient for the victim. ORS 136.145.
A victim has the right to obtain a copy of the transcript, audiotape, or videotape of the proceedings held in open court. Or Const Art 1 § 42. ORS 147.419.
A public body that is custodian of such information, must provide the victim information about the offender, to include the conviction and sentence; the offender’s criminal history; imprisonment; and future release from physical custody date. Or Const Art 1 § 42. ORS 147.421.
Trial
In a prosecution for rape, sodomy, unlawful sexual penetration, or sexual abuse, or in a prosecution for an attempt to commit one of these crimes, the following evidence is not allowed in trial: reputation or opinion evidence of past sexual behavior of a victim; or evidence presented for the purpose of showing that the manner of dress of a victim incited the crime or indicated consent. ORS 40.210. Oregon Evidence Code, Rule 412.
At the victim’s request, there shall be no public access coverage of sex offense proceedings in court. UTCR 3.180(2)(d).
Sentencing
At the time of sentencing, the victim has the right to appear personally or by counsel, and has the right to reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim, and the need for restitution and compensatory fine. Or Const Art 1 § 42. ORS 137.031.
The preparer of a pre-sentencing investigation report (PSI Report) shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant’s offense on the victim. The preparer of the report shall include the statement of the victim in the pre-sentence report. ORS 137.530(2).
Victim’s Personal Representative
A victim of a person crime, who was at least 15 years of age when the crime was committed, may select a person who is at least 18 years of age as the victim’s personal representative. A personal representative may accompany the victim to the phases of the investigation, including medical examinations, and prosecution of the crime at which the victim is entitled or required to be present. ORS 147.425.
Compensation
A crime victim may be eligible for compensation for a crime. Victims of sexual assault, suspected child sexual abuse or child physical abuse may have the costs of certain medical assessments paid by the Oregon Department of Justice. ORS 147.015. ORS 147.390. Compensable losses are listed in ORS 147.035.